BILL NUMBER: AB 1243	CHAPTERED  10/10/99

	CHAPTER   609
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN SENATE   JUNE 16, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999

INTRODUCED BY   Committee on Agriculture (Cardoza (Chair), Maldonado
(Vice Chair), Brewer, Florez, Reyes, Thomson, and Wiggins)

                        FEBRUARY 26, 1999

   An act to amend Sections 11517, 13000, 44975, 46003, 46003.5,
77002, 77007.5, 77008, 77030, 77032, 77034, 77090, 77091, 77093,
77095, 77096, 77097, and 77123 of, to add Sections 58897, 77003.5 and
77003.6 to, to repeal Section 46008 of, and to add Article 4
(commencing with Section 11480) to Chapter 1 of Division 6 of, the
Food and Agricultural Code, and to amend Sections 110820, 110835,
110935, and 110958 of the Health and Safety Code, relating to
agriculture, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1243, Committee on Agriculture.   Pesticides:  agricultural
products:  marketing.
   (1) Existing law sets forth provisions governing pesticides.
Existing law requires various persons who engage in the business of
agricultural pest control operations to be licensed or hold a
certificate issued by the Department of Pesticide Regulations.  Fees
are imposed for the issuance of those licenses and certificates.
   This bill would specifically provide a procedure for the making of
refunds of specified fees by the Director of Pesticide Regulations,
and would make a continuous appropriation for that purpose.
   (2) Under existing law, any person whose license or certificate is
revoked, or whose application for such a license or certificate is
denied for reasons other than his or her failure to satisfy
examination requirements, is ineligible to apply or reapply for the
same kind of license or certificate for a period of 3 years from the
effective date of the decision to deny or revoke the license or
certificate.
   This bill would specifically make the provisions applicable to
prescribed persons and other licenses, as specified.
   (3) Under existing law, various actions brought under specified
provisions relating to pesticides are required to be brought within 2
years of the occurrence of the violation.
   This bill would require the director to bring an action to collect
unpaid mill assessments and delinquent fees, or an action to collect
civil penalties, as specified, within 4 years.
   (4) Under existing law, commencing July 1, 1992, the fee paid to
the Secretary of Agriculture by avocado handlers for inspection and
certification is not to be greater than 18
per hundredweight of pounds prepared for market.  r   This bill
would reinstate the fee limitation of 25
per hundredweight of pounds prepared for market that was in effect
from July 1, 1990, to June 30, 1992.  f   This bill would also
authorize market orders to contain provisions for the establishment
and operation of an indemnity trust fund to cover catastrophic
events, as prescribed.
   (5) Existing law establishes the Organic Food Advisory Board, as
prescribed, to advise the Secretary of Agriculture of his or her
responsibilities, as specified.
   This bill would make a technical change concerning alternate
members of the board.
   (6) Existing law requires the Organic Food Advisory Board to
promulgate regulations concerning prohibited materials, as
prescribed, and refers to an organic foods production association.
   This bill would revise that reference.
   (7) Existing law establishes the California Walnut Commission and
authorizes the commission to promote the sale of walnuts by
advertising and other promotional means, to educate and instruct the
wholesale and retail trade in foreign markets, to make market surveys
and analyses, and to conduct marketing research.
   This bill would authorize the commission to promote the sale of
walnuts for the purpose of creating, maintaining, and expanding
domestic and foreign markets, to educate and instruct the wholesale
and retail trade in domestic markets with regard to proper methods of
handling and selling walnuts, and to present facts to, and negotiate
with, local, state, federal, and foreign agencies on matters that
affect the walnut industry, as prescribed.  The bill would authorize
the commission to conduct research, to accept prescribed funds and to
make contributions to other entities for the purposes of
maintaining, promoting, and enhancing the walnut industry, as
specified, and to collect information, and to publish and distribute
a bulletin to persons subject to regulation under these provisions.
The bill would revise and make additional findings and declarations
concerning the maintenance and expansion of the California walnut
industry.  The bill would revise the definitions of prescribed terms
for purposes of these provisions.
   (8) Under existing law, the provisions relating to the Walnut
Commission may not become operative until a referendum is conducted.
To be valid, at least 40% of the producers must participate in the
referendum, and either 60% or more of the producers eligible to
participate vote in favor of the provisions and these producers
marketed a majority of the total quantity of walnuts produced; or a
majority of the eligible producers vote in favor and they marketed
60% or more of the total quantity of the walnuts produced.
   This bill would require that both a majority of producers who are
affiliated with a cooperative handling walnuts, and a majority of
producers who are not so affiliated, as prescribed, vote in favor of
the provisions.
   (9) Existing law provides prerequisites in order for food to be
sold as organic, to include a specified time period since a
prohibited substance was applied.
   This bill would eliminate these requirements for fields or
management units registered, as prescribed, prior to January 1, 1995,
and during the 1995 calendar year.
   This bill would also make technical changes relating to lists of
approved ingredients for organic food.
   (10) Existing law authorizes the Director of Health Services to
adopt regulations concerning prohibited substances for processing
food.
   This bill would expand this authority to include the adoption of
administrative lists, as prescribed.
   (11) Existing law requires that on or before January 1, 1994, the
Secretary of Agriculture and the Director of Health Services prepare
reports to the Legislature concerning enforcement activities
involving organic food.
   This bill would delete that requirement.
   (12) Existing law requires the Director of Health Services to
prepare a report concerning information collected pursuant to the
registration of persons involved with organic food processing.
   This bill would make the report an annual report and require it to
be submitted to the Organic Food Advisory Board.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 4 (commencing with Section 11480) is added to
Chapter 1 of Division 6 of the Food and Agricultural Code, to read:

      Article 4.  Refunds

   11480.  "Fee," as used in this article, includes, but is not
limited to, any application fee, license fee, permit fee, inspection
fee, certification fee, registration fee, identification fee,
analysis fee, certificate fee, or delinquent fee.
   11481.  (a) The director may authorize the refund of any money
that is received or collected by the department in the payment of any
fee, assessment, or tax, except that the director shall not
authorize a refund of any money received by the department pursuant
to a settlement agreement, stipulated judgment, or similar document
or if the refund request is submitted more than four years after the
payment was made.
   (b) An amount equal to the amount of the refund is,
notwithstanding Section 13340 of the Government Code, hereby
continuously appropriated without regard to fiscal years, from the
funds into which the fees were deposited, to the director to make the
refunds.
   11482.  A refund may be made in whole or in part in any of the
following instances:
   (a) A refund of a fee is requested by the payer before any
examination, review, inspection, or similar activity has been
performed or services rendered by the department for the payer.
   (b) The payment of a fee, assessment, or tax represents an
overpayment, payment in duplicate, payment in error in law, or
payment through error of the payer or the department.
   11483.  The fiscal officer of the department shall make payment of
any refund pursuant to this article upon the submission to the
fiscal officer of a voucher prepared by the director, or his or her
designee, that sets forth the facts that pertain to the refund and
authorizes its payment.
   11484.  If any money that is to be refunded has been deposited in
the State Treasury, the Controller, upon receipt of a claim that is
filed by the department, shall transfer that amount from the fund to
which the money is credited to the director for payment of the
refund.
   11485.  If the director finds that the amount of any refund is
less than fifty dollars ($50), the director may retain the amount for
use for the same purpose for which the original payment was made,
unless the payment was made in error in law, in which case the
director shall refund the amount.
  SEC. 2.  Section 11517 of the Food and Agricultural Code is amended
to read:
   11517.  Any person whose license or certificate issued pursuant to
this division, Chapter 3.4 (commencing with Section 14090),  or
Chapter 3.6 (commencing with Section 14151) of Division 7 is revoked,
or whose application for such a license or certificate is denied for
reasons other than his or her failure to satisfy examination
requirements, is ineligible for a period of three years from the
effective date of the decision to deny or revoke the license or
certificate to apply or reapply as an individual, a business, or
officer, director, administrator, or owner with a 10 percent or
greater interest in a business, whichever is applicable, for the same
kind of license or certificate or another license or certificate
issued by the department if the grounds for the revocation or denial
are determined by the department to be directly relevant to the
functions, duties, or responsibilities of that other license or
certificate.
  SEC. 3.  Section 13000 of the Food and Agricultural Code is amended
to read:
   13000.  (a) Except as provided in subdivision (b), an action
brought pursuant to this article shall be commenced by the director,
the commissioner, the Attorney General, the district attorney, the
city prosecutor, or the city attorney, as the case may be, within two
years of the occurrence of the violation.  However, when an
investigation is completed and submitted to the director, the action
shall be commenced within one year of that submission.
   (b) An action brought by the director to collect unpaid mill
assessments and delinquent fees required by Article 4.5 (commencing
with Section 12841) or an action brought by the director to collect
civil penalties pursuant to Section 12999.4 for violations of Article
4.5 (commencing with Section 12841) or Section 12993 shall be
commenced within four years of the occurrence of the violation.
  SEC. 4.  Section 44975 of the Food and Agricultural Code is amended
to read:
   44975.  (a) Each handler of avocados shall pay to the director an
inspection and certification fee each month.  The fee shall be based
on the number of pounds certified as determined by the director.
However, in no event shall the fee be greater than twenty-five cents
($0.25) per hundredweight of pounds prepared for market.  The number
of pounds certified shall be reported monthly to the director, and
these reports shall include all information required by the director.
  The fee required by this section shall be paid no later than the
10th day of the month following the month for which the fee is
payable.  Any handler who fails to pay the fee within the time
required shall pay the director a penalty of 10 percent of the amount
determined to be due, and, in addition, 11/2 percent interest per
month on the unpaid balance.  The director may adjust the fee from
time to time and reduce it whenever he or she finds the cost of
administering this article may be defrayed from revenue derived from
lower fees.
   (b) Notwithstanding subdivision (a), whenever the fees derived
from pounds certified do not cover the cost of inspection, the
director may establish hourly and mileage rates for inspection and
certification of avocados based upon the cost of providing that
inspection and certification.  However, alternatively, a handler may
present his or her avocados for inspection and certification on a
date, time, and location specified by the director and pay the fees
charged pursuant to subdivision (a).
  SEC. 5.  Section 46003 of the Food and Agricultural Code is amended
to read:
   46003.  (a) The secretary shall establish an advisory board, which
shall be known as the Organic Food Advisory Board, for the purpose
of advising the secretary with respect to his or her responsibilities
under this chapter and Article  7 (commencing with Section 110810)
of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.

   (b) The advisory board shall be comprised of 14 members.  Each
member may have an alternate.  Six members and their alternates shall
be producers, at least one of whom shall be a producer of meat,
fowl, fish, dairy products, or eggs.  Two members and their
alternates shall be processors, one member and that member's
alternate shall be a handler or a retailer, two members and their
alternates shall be consumer representatives, one member and that
member's alternate shall be an environmental representative, and two
members and their alternates shall be technical representatives with
scientific credentials related to agricultural chemicals, toxicology,
or food science.  Except for the consumer, environmental, and
technical representatives, the members of the advisory board and
their alternates shall have derived a substantial portion of their
business income, wages, or salary from the production, handling,
processing, or retailing of food sold as organic for at least three
years preceding their appointment to the advisory board.  The
consumer and environmental representatives and their alternates shall
not have a financial interest in the organic food industry and shall
be representatives of recognized nonprofit organizations whose
principal purpose is the protection of consumer health or protection
of the environment.  The technical representatives and their
alternates shall not have a financial interest in the organic food
industry.
   (c) An alternate member shall serve at an advisory board meeting
only in the absence of, and shall have the same powers and duties as,
the member for whom he or she is representing as alternate, except
for duties and powers as an officer of the board.  The number of
alternates present who are not serving in the capacity of a member
shall not be considered in determining a quorum.
   (d) An alternate member shall serve at an advisory board
subcommittee meeting only in the absence of, and shall have the same
powers and duties as, the member for whom he or she is designated as
alternate, except for duties and powers as a subcommittee
chairperson.
   (e) The members of the advisory board and their alternates
described in subdivision (b) shall be reimbursed for the reasonable
expenses actually incurred in the performance of their duties, as
determined by the advisory board and approved by the secretary.
   (f) The State Director of Health Services, or his or her
representative, and a county agricultural commissioner shall be
appointed as ex officio members of the advisory board.
  SEC. 6.  Section 46003.5 of the Food and Agricultural Code is
amended to read:
   46003.5.  (a) Following the promulgation of the national materials
list by the United States Department of Agriculture pursuant to the
federal Organic Foods Production Act of 1990 (7 U.S.C. Secs.  6501 to
6522, incl.), the secretary, in consultation with the Organic Food
Advisory Board, shall adopt regulations listing specific substances
that are in compliance or not in compliance with the definition of
"prohibited materials," as defined in subdivision (p) of Section
110815 of the Health and Safety Code, for use in the production and
handling of organic foods.
   Prior to the promulgation of the national materials list by the
United States Department of Agriculture pursuant to the federal
Organic Foods Production Act of 1990, the Organic Food Advisory
Board, in consultation with the secretary, shall determine which, if
any, substance may be allowed for use in the production and handling
of organic foods in this state.  Within 90 days of promulgation of
the national materials list by the United States Department of
Agriculture, the Organic Food Advisory Board, in consultation with
the secretary, shall determine which, if any, substance allowed for
use by the national materials list may be allowed for use in the
production and handling of organic foods in this state.
   (b) Prior to adoption of these regulations, the secretary shall
issue administratively a preliminary, nonexhaustive list of materials
that are in compliance or not in compliance with subdivision (p) of
Section 110815 of the Health and Safety Code based on the listings of
permitted materials published by California Certified Organic
Farmers, the Organic Trade Association, and the Departments of
Agriculture of the States of Oregon and Washington.
  SEC. 7.  Section 46008 of the Food and Agricultural Code is
repealed.
  SEC. 8.  Section 58897 is added to the Food and Agricultural Code,
to read:
   58897.  To address catastrophic events, a marketing order may
contain provisions for the establishment and operation of an
indemnity trust fund to cover livestock and livestock product losses
due to disease, natural disaster, or accidents.
  SEC. 9.  Section 77002 of the Food and Agricultural Code is amended
to read:
   77002.  The maintenance and expansion of the walnut industry of
California is necessary to ensure the consuming public of a
continuous supply of this vital food and the maintenance of needed
levels of income for those engaged in the walnut industry of this
state.
  SEC. 10.  Section 77003.5 is added to the Food and Agricultural
Code, to read:
   77003.5.  The establishment of the commission is necessary for the
efficient development and management of a national and international
advertising and promotion program that will enhance the reputation
of the California walnut industry, create a more receptive
environment for the industry and its products, and increase
competitiveness of the California walnut industry within the national
and international marketplace.  The commission is necessary to carry
out the California walnut industry's commitment to responsible
stewardship and increasingly efficient cultural practices.
  SEC. 11.  Section 77003.6 is added to the Food and Agricultural
Code, to read:
   77003.6.  The successes that the walnut industry of California
have enjoyed have come about in part through a commitment to
industry-funded research that has led to significant improvements in
the quality of the walnuts available to consumers and increasingly
efficient cultural practices resulting in increased awareness of, and
a more receptive environment for, the production and marketing of
walnuts in domestic and foreign markets.  It has also led to walnuts
being a better consumer value.  The  establishment of the commission
will maintain and enhance this research effort and make it possible
for the walnut industry to realize its potential, resulting in
increased consumer value and enhanced producer returns.
  SEC. 12.  Section 77007.5 of the Food and Agricultural Code is
amended to read:
   77007.5.  Opportunity exists for continued growth and expansion of
the walnut industry by creating new markets.  The success of that
expansion program is uniquely dependent upon effective advertising,
promotion, and research since the creation of new markets is
essentially a matter of educating and informing people of the use,
nutritional value, and availability of the commodity and enhancing
the reputation of the California walnut industry.  The expansion of
the walnut industry also provides an important source of jobs for
many people in this state, a high proportion of whom reside in
historically depressed areas of the state, and serves to ensure the
preservation of an agrarian society.
  SEC. 13.  Section 77008 of the Food and Agricultural Code is
amended to read:
   77008.  The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the
production of walnuts the opportunity to avail themselves of the
benefits of collective action in the broad fields of development,
maintenance, and expansion of markets, advertising, promotion,
marketing research, public information and education, and production
and processing research necessary to achieve the purposes stated in
this chapter.
  SEC. 14.  Section 77030 of the Food and Agricultural Code is
amended to read:
   77030.  "Marketing research" means any research relating to the
marketing of walnuts in domestic or foreign markets.
  SEC. 15.  Section 77032 of the Food and Agricultural Code is
amended to read:
   77032.  "Producer" means any person in this state who grows
walnuts for market and who, upon request, provides proof of commodity
sale.  "Producer" does not include any person who markets 2,000
pounds or less of walnuts during a market year.
  SEC. 16.  Section 77034 of the Food and Agricultural Code is
amended to read:
   77034.  "Advertising and sales promotion" means, in addition to
its ordinarily accepted meaning, any plan directed toward increasing
the sale of walnuts in domestic or foreign markets.  No advertising
or sales promotion plan shall make use of false or unwarranted claims
on behalf of any product, or disparage the quality, value, sales, or
use of any other commodity.
  SEC. 17.  Section 77090 of the Food and Agricultural Code is
amended to read:
   77090.  The commission may promote the sale of walnuts by brand
and generic advertising and other promotional means, including tie-in
advertising, for the purpose of creating, maintaining, and expanding
domestic and foreign markets.
  SEC. 18.  Section 77091 of the Food and Agricultural Code is
amended to read:
   77091.  The commission may educate and instruct the wholesale and
retail trade in domestic and foreign markets with respect to proper
methods of handling and selling walnuts.
  SEC. 19.  Section 77093 of the Food and Agricultural Code is
amended to read:
   77093.  The commission may present facts to, and negotiate with,
local, state, federal, and foreign agencies on matters that affect
the walnut industry pursuant to this chapter.
  SEC. 20.  Section 77095 of the Food and Agricultural Code is
amended to read:
   77095.  The commission may conduct, and contract with others to
conduct, research, including the study, analysis, accumulation, and
dissemination of information obtained from the research or elsewhere,
respecting this chapter.
  SEC. 21.  Section 77096 of the Food and Agricultural Code is
amended to read:
   77096.  The commission may accept contributions of, or match,
private, state, or federal funds and employ or make contributions of
funds to other persons or state or federal agencies for purposes of
maintaining, promoting, and enhancing the walnut industry pursuant to
this chapter.
  SEC. 22.  Section 77097 of the Food and Agricultural Code is
amended to read:
   77097.  The commission may collect information, including, but not
limited to, industry crop statistics, and may publish and distribute
without charge a bulletin or other communication for dissemination
of information to persons subject to this chapter.
  SEC. 23.  Section 77123 of the Food and Agricultural Code is
amended to read:
   77123.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds in a referendum vote conducted by the secretary that
at least 40 percent of the total number of producers from the list
established by the secretary pursuant to this article participate and
that all of the following occurred:
   (a) A majority of the producers voting in the referendum who are
not affiliated with a cooperative handling walnuts voted in favor of
this chapter, and the producers so voting marketed a majority of the
total quantity of walnuts marketed in the preceding marketing year by
all those producers who voted in the referendum.
   (b) A majority of the producers voting in the referendum who are
affiliated with a cooperative handling walnuts voted in favor of this
chapter, and the producers so voting marketed a majority of the
total quantity of walnuts marketed in the preceding marketing year by
all those producers who voted in the referendum.
  SEC. 24.  Section 110820 of the Health and Safety Code is amended
to read:
   110820.  Except as otherwise provided in this article, no food
shall be sold as organic unless it consists entirely of any of the
following:
   (a) Raw agricultural commodities that meet the following
requirements:
   (1) The commodity has been produced and handled without any
prohibited material or color additive having been applied, and
without irradiation.
   (2) In the case of any raw agricultural commodity produced from
seed, the seed has not been treated with any prohibited material.  If
untreated seed is not available, seed treated with a fungicide may
be used, except for seed used for sprouts and other raw agricultural
commodities, as described in paragraph (6).
   (3) In the case of perennial crops:
   For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code commencing January 1, 1996, no prohibited material
shall have been applied to the crop, field, management unit, or area
where the commodity is grown for 36 months prior to harvest.
   (4) In the case of annual or two-year crops:
   For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code commencing January 1, 1996, no prohibited material
shall have been applied to the crop, field, management unit, or area
where the commodity is grown for 36 months prior to harvest.
   (5) In the case of any raw agricultural commodity that is grown in
any growing medium, such as fungi grown in compost or transplants
grown in potting mix:
   (A) The growing medium must have been manufactured or produced:
   (i) Without any prohibited material having been included in the
medium.
   (ii) Without any prohibited material having been applied to the
area where the medium is manufactured or produced during seeding or
inoculation of the medium.
   (iii) Using methods that will minimize the migration or
accumulation of any pesticide chemical residue in food grown in the
medium.
   (B) No prohibited material shall have been applied to the area
where the commodity is grown during seeding or inoculation.  If a
prohibited material is applied in the area prior to seeding or
inoculation, a residue test shall be performed on the commodity grown
from that seeding or inoculation.
   (6) In the case of sprouts and other raw agricultural commodities
as described in subparagraph (B):
   (A) The seed shall have been organically produced, handled, and
processed in accordance with this article.  No prohibited material
shall have been applied to the seed or to the area in which the
commodity is grown after introduction of the seed.
   (B) This paragraph and the requirements of paragraphs (4) and (5),
where applicable, shall apply to raw agricultural commodities that
are grown directly from seed through either of the following methods:

   (i) Without soil or growing medium other than water.
   (ii) On a soil or growing medium and seeded at a rate greater than
one ounce per square foot (2,722 pounds per acre).
   (b) Processed food manufactured only from raw agricultural
commodities as described in subdivision (a), except as follows:
   (1) Water, air, and salt may be added to the processed food.
   (2) Ingredients other than raw agricultural commodities as
described in subdivision (a) may be added to the processed food if
these ingredients are included in the California administrative list
of materials approved for organic food processing or the national
list adopted by the United States Secretary of Agriculture pursuant
to Section 6517 of the federal Organic Foods Production Act (7 U.S.C.
  Sec. 6501 et seq.) and do not represent more than 5 percent of the
weight of the total finished product, excluding salt and water.
   (c) Processed food manufactured only from a combination of raw
agricultural commodities as described in subdivision (a) and
processed food as described in subdivision (b).
   (d) (1) Meat, fowl, fish, dairy products, or eggs that are
produced, distributed, and processed without any prohibited material
having been applied or administered, except as provided in paragraph
(2) with respect to dairy products.
   (2) For the first 10 months of the year prior to the taking of the
milk, 80 percent of any feed administered to dairy livestock shall
be comprised of materials in compliance with the regulations adopted
pursuant to Section 14904 of the Food and Agricultural Code.  For the
final two-month period prior to the taking of the milk, 100 percent
of any feed administered to the dairy livestock shall be in
compliance with the regulations adopted pursuant to Section 14904 of
the Food and Agricultural Code.
  SEC. 25.  Section 110835 of the Health and Safety Code is amended
to read:
   110835.  The director may adopt regulations or administrative
lists of specific substances that are in compliance or not in
compliance with subdivision (p) of Section 110815 for use in the
processing of foods under the enforcement jurisdiction of the
department.
  SEC. 26.  Section 110935 of the Health and Safety Code is amended
to read:
   110935.  The director shall maintain in a central location, and
make publicly available for inspection and copying, upon request, a
list of all penalties levied within the past five years, including
the amount of each penalty, the party against whom the penalty was
levied, and the nature of the violation.  The list also shall be
available by mail, upon written request and payment of a reasonable
fee, as determined by the director.
  SEC. 27.  Section 110958 of the Health and Safety Code is amended
to read:
   110958.  Annually, the director shall compile and publish and
submit to the Organic Food Advisory Board a summary of information
collected under Section 110875, including, but not limited to, the
following:
   (a) The total number of registrations received under this section.

   (b) The total number and quantity of each type of product sold as
organic by all registrants combined.
   (c) The total annual organic gross sales volume of all registrants
combined, and the median gross annual organic sales of all
registrants.
   (d) The names of all registrants.
   (e) The number of registrants in each of the following ranges of
annual gross sales volume:
   (1) $0-$5,000
   (2) $5,001-$10,000
   (3) $10,001-$25,000
   (4) $25,001-$50,000
   (5) $50,001-$75,000
   (6) $75,001-$100,000
   (7) $100,001-$125,000
   (8) $125,001-$150,000
   (9) $150,001-$175,000
   (10) $175,001-$200,000
   (11) $200,001-$250,000
   (12) $250,001-$300,000
   (13) $300,001-$400,000
   (14) $400,001-$500,000
   (15) $500,001-$750,000
   (16) $750,001-$1,000,000
   (17) $1,000,001-$1,500,000
   (18) $1,500,001-$2,000,000
   (19) $2,000,001-$2,500,000
   (20) $2,500,001-$5,000,000
   (21) $5,000,001-$7,500,000
   (22) $7,500,001-$10,000,000
   (23) $10,000,001-$15,000,000
   (24) $15,000,001-$20,000,000
   (25) $20,000,001 and above.
   (f) The report published pursuant to this section shall present
the required information in an aggregate form that preserves the
confidentiality of the proprietary information of individual
registrants.
